- (1.) This criminal appeal has been preferred against the judgment and order of conviction and sentence, passed by the Sessions Judge, Godda, in Sessions Case No. 143 of 1999 dated 24th December, 2003 whereby, these appellants have been convicted for the offence punishable under Sections 304B and 498A of the Indian Penal Code. Appellant no.1 has been sentenced to undergo imprisonment for life for the offence under Section 304B of the Indian Penal Code and two years rigorous imprisonment under Section 498A of the Indian Penal Code and appellant nos. 2 to 4 have been sentenced to undergo rigorous imprisonment for seven years for the offence under Section 304B and rigorous imprisonment for two years for the offence under Section 498A of the Indian Penal Code. Both the sentences have been ordered to run concurrently. Case of the Prosecution:
(2.) It is the case of the prosecution that on 25.07.1999 at 11.30 a.m. the informant Anil Chandra Thakur (P.W.II) gave fardbeyan to police that on 14.03.1994 his daughter Swarnlata Devi (deceased) was married with Nirmal Kumar Jha (accused) according to Hindu rites and customs and second marriage (Duragaman) of the informant daughter took place in the year 1995. Thereafter, husband of the deceased, fatherinlaw, motherinlaw and her two brotherinlaws started harassing the daughter of the deceased for demand of dowry in various ways and for dowry Nirmal Kumar Jha has written many letters to the informant. Thereafter, on 03.05.1999, the informant with his son Bipin Chandra Thakur went to the village Haripur to brought his daughter, but, herinlaws (Sasural) family members did not allow her to go. Then there was a sitting with the villagers in which Nirmal Kumar Jha and his mother and father had told them that they will keep Swarnlata Devi properly. On 25.07.1999, Chintamani Kapri of village Haripur came to his house and told him that his daughter Swarnlata Devi has died this morning. After hearing about the death of his daughter, informant alongwith his son Bipin Chandra Thakur and with his wife went to village Haripur and saw the dead body of his daughter Swarnlata. After seeing her body informant found injury marks on the body, hand, neck, leg, lip and back of his daughter and those injury marks, inflicted on his daughter body were caused by assault committed by his daughter's husband, motherinlaw, fatherinlaw and her two brotherinlaws. The informant further alleged that his daughter Swarnlata Devi was killed for dowry by (1)Nirmal Kumar Jha, (2) Sahdeo Jha, (3) wife of Sahdeo Jha, (4) Hemant Kumar Jha, (5) Suman Kumar Jha. Witnesses:
(3.) Following twelve witnesses were examined by the prosecution: P. W1 Chintamani Kapri Declared hostile witness. P.W2 Raghuveer Rawat Declared hostile witness. P.W3 Sanjay Kumar Kamti Declared hostile witness. P.W4 Ashok Kumar Jha Declared hostile witness. He has proved his signature in the Inquest report i.e. marked as Ext.5/1 P.W.5 Radhakant Jha Declared Hostile witness P.W.6 Niranjan Sikandar Declared Hostile witness. He has proved his signature in the Inquest report i.e. marked as Ext.5 P.W.7 Bulbul Devi She is the mother of the deceased Swarnlata Devi. She deposed that her daughter was harassed for dowry by Nirmal Jha. P.W.8 Bipin Chandra Thakur He is the brother of the deceased Swarnlata Devi. He has proved the two letters in the handwriting and signature of Nirmal Kumar Jha i.e. marked as Ext.1 and 1/1. P.W.9 Krishan Prasad Mistry Declared Hostile witness. P.W.10 Dr. Kula Nand Choudhary He is the Doctor who has conducted the postmortem of the dead body of Swarnlata Devi with Dr. Ashok Kumar and has proved the postmortem report i.e. marked as Ext.2. P.W.11 Anil Chandra Thakur He is the the informant of this case and is father of deceased Swarnlata Devi. He has proved his signature and signature of Bipin Chandra Thakur in fardbeyan i.e. marked as Ext.3 and 3/1. P.W.12 Amod Narayan Singh (S.I.) He is the Investigating Office of this case. He has proved the fardbeyan i.e. marked as Ext.3/2 and has also proved the endorsement of Sri Narayan Singh in fardbeyan i.e. marked as Ext. 3/3. He has proved the endorsement in his writing and signature i.e. marked as Ext.3/4 and has also proved the formal FIR i.e. marked as Ext.6. He has proved the Inquest report i.e. marked as Ext.5/2.;